SECOND ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-02311
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
In the applicant’s request for reconsideration, he requests his
dishonorable discharge be upgraded and the reason for his separation
be changed.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was discharged from the Regular Air Force with a
Dishonorable Discharge by reason of the sentence of a General Court-
Martial on 10 December 1992. He served 1 year 5 months and 25 days.
On 26 August 1998, the applicant submitted an application requesting
that his dishonorable discharge be upgraded. On 8 April 1999, the
Board considered and denied the application. A complete copy of the
Record of Proceedings is attached at Exhibit F.
On 26 September 2002, the applicant submitted a DD Form 293 again
requesting a change of reason for discharge. In support of his
request he provided a Court Record Testimony and documentation
pertaining to his post service activities, employment and
achievements. His complete submissions are attached at Exhibit G. In
his requests for reconsideration, the applicant asserts his discharge
was harsh and disproportionate when considering his otherwise good
service record. He also believes relief is warranted based on the
fact that he has not been convicted of any crime since his separation.
He would like his records to assist his post-service endeavors.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
Insufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice. After reviewing the
previous documentation and noting the additional documentation
submitted, we again are not convinced that the applicant’s request
should be granted based on clemency. The applicant’s discharge had
its basis in his trial and conviction by a general court-martial.
While we are precluded by law from reversing a court-martial
conviction, we are authorized to correct the records to reflect
actions taken by reviewing officials and to take action on the
sentence of a military court based on clemency. There is nothing in
the available record that would cause us to disturb the actions of the
reviewing officials in this case.
In addition to his complaints concerning the evidence considered at
trial, it appears that the applicant is requesting relief based on his
perception that the sentence was too harsh and the information he has
provided pertaining to his post service activities. With respect to
the former argument, no evidence has been provided which would lead us
to believe the sentence exceeded the maximum allowable sentence in
accordance with the Uniform Code of Military Justice. While the
evidence provided indicates that the applicant has made a successful
post-service adjustment, and notwithstanding his otherwise good
service record for the short period of time he served, in view of the
extreme seriousness of the offenses he committed, we do not believe a
sufficiently lengthy period of time has elapsed since the applicant’s
discharge and the completion of his probationary period to warrant the
exercise of clemency at the present time.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of probable material error or injustice;
that the applicant was denied without a personal appearance; and that
the application will only be reconsidered upon the submission of newly
discovered relevant evidence not considered with this application.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 22 April 2004, under the provisions of AFI 36-
2603:
Mr. Robert S. Boyd, Panel Chair
Mr. John H. Hennessey, Member
Mr. Jay H. Jordan, Member
The following documentary evidence was considered:
Exhibit F. ROP, dated 26 May 1999, w/atchs.
Exhibit G. DD Form 293, dated 26 Sep 02, w/atchs.
ROBERT S. BOYD
Panel Chair
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